Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Arizona: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Arizona has no statewide ban the box law covering private employers. Executive Order 2017-07 prohibits state agencies from asking about criminal history on an initial job application, but this applies only to state government hiring, not private employers.
Criminal Record Lookback Period
Arizona has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Arizona has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Arizona does not use true expungement for most adult convictions, but offers two relief mechanisms. A person who has completed all terms of their sentence may petition the court to set aside the judgment of guilt under Ariz. Rev. Stat. § 13-905, which dismisses the charge and restores most civil rights, though the underlying record still exists and consumer reports must note that the conviction was set aside. Eligible records may also be petitioned for sealing under Ariz. Rev. Stat. § 13-911, which removes the record from public inspection.
Salary History Ban
Arizona does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
Arizona does not restrict an employer's use of consumer credit reports in hiring decisions. Arizona's general consumer reporting statute permits a report to be furnished for employment purposes without a job relatedness requirement.
Bankruptcies
Arizona has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Arizona has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Arizona has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
The Arizona Medical Marijuana Act prohibits employers from discriminating against a registered medical marijuana cardholder based solely on their cardholder status or a positive drug test for marijuana. *This protection does not apply if the employee used, possessed, or was impaired by marijuana on the employer's premises or during work hours, or if employing the cardholder would cause the employer to lose a monetary or licensing related federal benefit. Arizona's recreational marijuana law, the Smart and Safe Arizona Act, provides no equivalent employment protection for recreational users.
Pre-Adverse Action Notice & Waiting Period
Arizona has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Arizona has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Arizona has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Fingerprint Clearance Card
Arizona requires workers in a wide range of regulated positions, including childcare, K-12 schools, healthcare aide and direct-care roles, and behavioral health, to hold a valid Department of Public Safety Fingerprint Clearance Card before they may be employed. The card confirms the holder has cleared a fingerprint based criminal history check and is issued at a Regular or a more restrictive Level I tier depending on the role, each with its own list of disqualifying offenses.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
Glendale, Maricopa County, Phoenix, Pima County, Tempe, and Tucson each have a ban the box policy, but all apply only to that government's own hiring, not to private sector employers generally.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Arizona gives employers wide latitude in the private sector, but a few specific requirements still apply. To stay compliant:
If the position falls under a regulated category (childcare, K-12 schools, healthcare aide, behavioral health, direct-care roles), confirm whether a DPS Fingerprint Clearance Card is required and start that process early, since it can take 8 to 12 weeks Arizona has no ban the box law for private employers, so criminal history questions may appear on the initial application, though EEOC guidance recommends waiting until later in the process Arizona has no salary history ban, so applicants may be asked about and screened on previous pay Obtain written authorization before ordering a credit report or background check, consistent with the federal FCRA baseline Do not require an applicant to disclose a conviction that has been set aside or sealed under Ariz. Rev. Stat. § 13-905 or § 13-911, and accept the set aside notation on a consumer report as satisfying disclosure Do not discriminate against a registered medical marijuana cardholder based solely on their status or a positive marijuana test, unless the use, possession, or impairment occurred on the employer's premises or during work hours Provide FCRA pre-adverse and final adverse action notices before rejecting an applicant based on a background reportNon-compliance can result in civil penalties, damages, and legal liability under both state and local law.
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Get a printable, one-page comparison of FCRA vs. Arizona law.